MEMORANDUM DECISION ON THE DEBTOR'S SECOND MOTION TO EXTEND THE EXCLUSIVE PERIODS TO FILE AND OBTAIN ACCEPTANCE OF A PLAN THOMAS M. LYNCH , Bankruptcy Judge . This case began as an involuntary chapter 7 case and, upon the Debtor's motion, was converted to chapter 11 on February 27, 2019. In a previous order entered pursuant to 11 U.S.C. 1121(d), this court extended the exclusivity period for the Debtor to file a plan of reorganization and obtain acceptance of that plan to and through...
MEMORANDUM DECISION Thomas M. Lynch , United States Bankruptcy Judge . The matter comes before the court on the motion of creditor Erick Hallick for relief from the automatic stay and to abandon property. (ECF No. 167.) The motion as filed addressed two parcels of real property: a condominium in Chicago and a strip mall in Prairie Du Chien, Wisconsin. However, the motion as it relates to the Chicago condominium was resolved by an agreed order on stipulation entered on June 18, 2019,...
DECISION CATHERINE J. FURAY , Bankruptcy Judge . Edward W. Rusch ("Defendant") filed a voluntary chapter 7 petition on December 17, 2018. Pamela Haglund ("Plaintiff") filed an adversary proceeding objecting to discharge and for determination of dischargeability on March 13, 2019. Defendant filed a pro se answer seeking to dismiss the adversary complaint on July 8, 2019. BACKGROUND Defendant is the son of Norma Rusch ("Norma") and acted in the capacity of financial power of attorney for...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . The Internal Revenue Service ("IRS") issued Notices of Deficiency to Harold ("Harold") and Alia Jung ("Alia") (collectively, "the Jungs") for additional taxes and penalties owed for the tax years 2008 to 2013. Fourteen days after the second Notice, the Jungs filed a voluntary chapter 7. Harold filed this adversary proceeding seeking to determine and discharge his tax liability and penalties. 1 The IRS moved to...
MEMORANDUM DECISION ON THE DEBTOR'S MOTION TO EXTEND THE EXCLUSIVE PERIODS TO FILE AND OBTAIN ACCEPTANCE OF A PLAN THOMAS M. LYNCH , Bankruptcy Judge . The Bankruptcy Code gives the Debtor an exclusive 120-day period to file a proposed plan of reorganization. 11 U.S.C. 1121(b). This case, which began as an involuntary Chapter 7 case, was converted to Chapter 11 on February 27, 2019. Accordingly, the Debtor now has through June 27, 2019, to file a plan and until August 26, 2019, to gain...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Lydell and Margaret Kluck ("Debtors") filed a voluntary joint chapter 7 petition. Debtors claimed an annuity as exempt. Trustee James Block ("Trustee") objected to the exemption. The parties filed a Joint Stipulation of Facts. BACKGROUND Before filing their petition, Mr. Kluck owned, among other assets, a 1974 Plymouth, two parcels of real estate in Marathon County, two parcels of real estate in Portage County, and 6....
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Schroeder Brothers Farms of Camp Douglas LLP ("Debtor") filed a Chapter 11 petition on November 2, 2016. The Court confirmed the Debtor's Plan on June 20, 2018. The matters here are the Motion by the Official Committee of Unsecured Creditors for Appointment of Liquidating Trustee (the "Motion") and Debtor's Motion to Convert to Chapter 12. BACKGROUND The Court confirmed the Debtor's Plan. Article XIII of the Plan is...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Harold Jung asks the Court to determine the dischargeability of taxes and penalties assessed by the Internal Revenue Service ("IRS") for the tax years 2008 to 2013. 1 Jung and his wife, Alia, received Notices of Deficiency from the IRS for those years. Shortly after the second Notice of Deficiency, they filed a Chapter 7 petition. Jung then filed this adversary. The IRS responded with a Motion to Dismiss on the...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Debtors Todd and Jodi Goldbeck ("Defendant" or "Goldbeck" when referring to Todd Goldbeck and "Debtors" when referred to jointly) filed a chapter 7 petition. Summit Credit Union ("Summit") filed this adversary proceeding seeking to declare a judgment against Goldbeck nondischargeable under 11 U.S.C. 523(a)(2)(A), (a)(2)(B), and (a)(6). Summit moved for summary judgment with supporting affidavits. Defendant opposes...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Debtor Cranberry Growers Cooperative ("CranGrow") filed a chapter 11 petition on September 25, 2017 ("Petition Date"). Maxwell Foods ("Maxwell") filed a Motion to Approve Recoupment or to Exercise Right of Setoff. CranGrow has moved for Summary Judgment on Maxwell's Motion. FACTS On February 24, 2017, CranGrow and Maxwell Foods entered into an agreement for the sale of sweetened and dried cranberries ("Agreement")....
DECISION CATHERINE J. FURAY , Bankruptcy Judge . Defendant Mark Downing filed a voluntary Chapter 7 petition. Plaintiffs filed this adversary asking that a judgment against Defendant be declared nondischargeable under 11 U.S.C. 523(a)(6). Plaintiffs moved for summary judgment and briefing is complete. Defendant shot and killed Plaintiffs' father, Bryan D. Schultz. He was charged with second-degree intentional homicide under Wis. Stat. 940.05(1)(b). He pleaded guilty, was convicted of...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Defendant Heather Modeen ("Defendant" or "Modeen") filed a chapter 7 petition and received a discharge. Plaintiff Gerald Manion ("Plaintiff" or "Manion") filed this adversary proceeding seeking a determination that a student loan is non-dischargeable. STATEMENT OF FACTS Defendant is in her mid-30s, has a daughter, and works full-time as an office manager. She also works a few hours a week at a second job. Pay from...
DECISION CATHERINE J. FURAY , Bankruptcy Judge . Debtors Leonard and Jamie Kersten filed a chapter 7 petition. The U.S. Trustee filed a Motion to Dismiss under 11 U.S.C. 707(a) and (b) for Debtors' alleged abuse of the bankruptcy system. Debtors object to the Motion. STATEMENT OF FACTS Debtor Leonard Kersten is a former employee of Kersten Lumber Company, LLC ("KLC"). KLC alleged Mr. Kersten embezzled funds in excess of $1.2 million and it filed an adversary proceeding seeking a...
DECISION CATHERINE J. FURAY , Bankruptcy Judge . Neil Hoffman ("Debtor" or "Defendant") filed a chapter 7 petition. Plaintiffs Mark Cama and Stealth Tree Stands, Inc., filed this adversary proceeding seeking a determination of nondischargeability under sections 523(a)(2)(a), (a)(4), and (a)(6), and a denial of discharge under section 727. Defendant filed a Motion to Dismiss on all the counts. A trial is scheduled in this adversary on October 25, 2018. STATEMENT OF FACTS Defendant is...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . On May 18, 2017, Debtor Melissa Arnette filed a voluntary Chapter 7 petition. Debtor owns real estate located at 608 Gilbert Street, Eau Claire, Wisconsin (the "Property"). The Trustee, Christopher Seelen, commenced an adversary proceeding seeking a declaratory judgment that the mortgage of Wells Fargo is void on its face and, further, that the mortgage may be avoided as not properly recorded. The parties agreed there...
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . Defendant Michael Hall made a living through home construction work. On July 17, 2015, he contracted with Plaintiffs for the refurbishing and remodeling of a property in Osseo, Wisconsin. Plaintiffs paid $25,000 for those renovations. The parties then entered into a second contract for the remodeling of property in Rice Lake, Wisconsin. Plaintiffs paid a down payment of $15,000 to Defendant for that project with the...
MEMORANDUM DECISION CATHERINE J. FURAY , Bankruptcy Judge . Defendant Nelson Rodriguez ("Defendant") filed his chapter 7 petition on March 13, 2017. Belinda Georgeson ("Plaintiff") filed this adversary proceeding on June 9, 2017. Plaintiff seeks to have a debt declared nondischargeable pursuant to section 523(a)(6) for alleged willful and malicious conduct that gave rise to that debt. Defendant is pro se in this matter. FACTS Plaintiff and Defendant began living together sometime in...
MEMORANDUM DECISION CATHERINE J. FURAY , Bankruptcy Judge . Debtors Vincent and Linda Hamilton filed a chapter 7 petition on July 8, 2015. A month later it was converted to a chapter 11. U.S. Bank Trust, N.A., acting as trustee for LSF8 Master Participation Trust ("Plaintiff"), filed this adversary proceeding on February 15, 2017, seeking reformation of its mortgage and a declaratory judgment that its lien is superior to liens and interests held by Park Bank. Plaintiff filed a Motion for...
OPINION WILLIAM V. ALTENBERGER , Bankruptcy Judge . The two issues before the Court involve the interpretation of the Debtor's confirmed modified first amended Chapter 11 plan. (Doc. #660) ( confirmed plan). The matters before the Court which raise the two issues are the motion of certain individual creditors (Individual Creditors) to compel compliance with the confirmed plan and payment of priority claims (motion) and the litigation trustee's (Trustee) objection to the motion (objection)....
MEMORANDUM DECISION Hon. Catherine J. Furay , U.S. Bankruptcy Judge . This matter is before the Court on the motion of Aaron Holzhueter ("Plaintiff") for summary judgment pursuant to Fed. R. Civ. P. 56, made applicable to bankruptcy proceedings through Fed. R. Bankr. P. 7056. Plaintiff filed this adversary proceeding seeking a Declaratory Judgment under 28 U.S.C. 2201 and 2202 and 11 U.S.C. 502. On November 17, 2016, the Defendants filed an answer and counterclaims alleging their...
